JUDGMENT

Madhuresh Prasad, J. - Heard learned counsel for the petitioner and the respondents.

2. The petitioner was an applicant for appointment as Constable GD in the Respondent-Para Military Force (for short 'the Force'). The Medical Board has found the petitioner to be suffering from certain physical fitness deficiencies. The petitioner, in the circumstance, has submitted his application for Review Medical Board along with certificate issued by the Deputy Superintendent of Medical College. The same has been rejected by the respondent-Force leading to filing of the instant writ petition.

3. The claim for Review of the Medical Examination made by the petitioner has been rejected by a communication of the Deputy Inspector General of Police of Central Reserve Police Force, Mokama Ghat dated 20.03.2020.

4. The petitioner has prayed for quashing of this order dated 20.03.2020 and for direction to hold Review Medical Examination.

5. The petitioner's counsel submits that the petitioner has submitted the requisite Form along with a certificate issued by a Physician, specialist in Heart disease who is an Associate Professor, Medicine Department of Anugrah Narayan Magadh Medical College Hospital, Gaya. According to him, there is an error of judgment by the Medical Board that examined the petitioner, for reasons specified therein. As per his opinion, the petitioner is medically fit for the post.

6. The learned A.S.G. assisted by the Central Government Counsel has submitted that the application for Review Medical Examination was required to be accompanied with a certificate issued by Specialist of the subject under which the candidate has been found unfit at the Detailed Medical Examination ( for short 'DME'), as per paragraph No. 9 sub para E of the notice of Staff Selection Commission issued for the recruitment in question. In the instant case, deficiencies in physical fitness at the DME were reported in relation to eye sight as well as Cardiac condition. The appeal for review of Medical Examination was thus required to be accompanied by a certificate issued by Specialist in the field of eye sight (Ophthalmology) as well as cardiology. This has not been done. Since the certificates were not issued by a doctor/specialist, as per requirement, the petitioner was not entitled to any review and the appeal seeking review of the medical condition by a Board has rightly been rejected. Reliance is placed on a recent judgment of this Court dated 01.12.2020 passed in CWJC No. 8698 of 2020, wherein, this Court has rejected the claim of the petitioner, similarly situated as the instant petitioner for Review Medical Board, on similar grounds.

7. Having considered the rival submissions, this Court would take note of the fact that in the instant case, the petitioner has placed on record the judgment of the Allahabad High Court passed in Writ- A No. 5049 of 2020 in the matter of Rupesh Kumar Vs. Union of India and others, along with the analogous cases, wherein, the same objection was considered by the Allahabad High Court. Having considered the same submissions, the Allahabad High Court, in the said order, which is dated 17.09.2020, has rejected the same objections made by the Union of India in respect of the petitioners therein. Relevant extract of the order is being reproduced as it is considered useful by this Court to refer to the same:

"The submission of learned counsel for the Union of India that Dr. Syed Naushad Ahmad, Deputy Superintendent, Government Hospital, Jamui who certified that two of the petitioners were not suffering from High BP/Hypertension was not competent to issue the same as he is not a cardiologist, has also no force. The qualifications of Dr. Syed Naushad Ahmad are not in dispute. He has done Masters in Surgery and being a general surgeon in a government hospital, he was competent enough to examine the petitioners and certify that they were not suffering from hypertension. Under the recruitment scheme, as noted above, the only evid